Jacksonville, FL – Brian Holland (23, Jacksonville) has been arrested and charged by criminal complaint with aggravated sexual abuse by force. He faces a maximum penalty of life in federal prison and a potential lifetime of supervision. Holland made his initial appearance in federal court today and was temporarily detained pending a detention hearing on Tuesday, March 6, 2018.

According to the complaint, agents with the Federal Bureau of Investigation  were notified by the security department of the Carnival Cruise Line vessel Elation that a passenger onboard the ship had been involved in an incident of sexual abuse on February 27, 2018. The victim stated that she was in the Jacuzzi with Holland on the cruise ship when he kept attempting to put his arm around her and she attempted to move further away from him. Holland then tried to put his hand on her shoulder and pull her back toward him. The victim stated that Holland touched her on her genitals over her bathing suit and then under her bathing suit, digitally penetrating her by force. The victim left the Jacuzzi and immediately reported what happened to family, who then reported it to ship security. The victim was examined by medical personnel on the ship, who found abrasions on her genitals consisted with digital penetration by force. 

A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.

This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Ashley Washington and Jay Taylor.

          The 48-year-old former bookkeeper for two Windermere Real Estate franchises was sentenced today in U.S. District Court in Tacoma to 71 months in prison and three years of supervised release for six counts of wire fraud related to her embezzlement scheme, announced U.S. Attorney Annette L. Hayes. CINDI ALLISON, now of Ben Wheeler, Texas, used her unfettered access to the bank accounts of Windermere Puyallup and Windermere South Sound to embezzle $478,398.  When the embezzlement scheme was uncovered, ALLISON went on the offensive filing spurious complaints with various state regulators to attack and distract the victim of her theft.  At sentencing U.S. District Judge Ronald B. Leighton said, “What you did was despicable . . . . And doing that to a friend is not only wrong, it’s immoral.  It breaks every ligament that ties civilized people together.”

            “This defendant’s greed harmed a small business owner and those who depended on her business for their livelihood,” said U.S. Attorney Annette L. Hayes.  “Wages were frozen, retirement savings contributions delayed, and ultimately the business was sold below market value because of this defendant’s actions.” 

          During a five-day jury trial in June 2017, prosecutors presented evidence that ALLISON transferred money from Windermere accounts to her own bank accounts and those of her boyfriend, ex-husband, and service providers such as a roofer in Ben Wheeler, Texas. Between 2011 and 2015, ALLISON made 782 unauthorized transfers from the two real estate franchise accounts to sixteen different accounts that all had some connection to ALLISON.  As the bookkeeper, ALLISON made various entries in the records and strategically bundled various transactions together to make the transfers appear legitimate. The fraud came to light in March 2015, when the new purchaser of the businesses started investigating some of the transfers and could not get straight answers from ALLISON. ALLISON had been working remotely from Texas as the bookkeeper, and the company shut down the computer system to protect its accounts.           

            The impact of ALLISON’s fraud was even greater than the amount of money she embezzled.  The victim had to spend more than $50,000 in forensic accounting and attorney fees to uncover the extent of the fraud scheme, and the sales price for the business was at least $100,000 below its true market value because the fraudulent entries on the business’ books made it appear less profitable than it actually was.  Today Judge Leighton ordered ALLISON to pay $630,346 in restitution.

          ALLISON has been in custody since being convicted following her trial in June 2017.

           The case was investigated by the U.S. Secret Service. The case WAS prosecuted by Assistant United States Attorneys Andre Peñalver and Steven Masada.

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tayquan Thomas, age 23, of Florence, South Carolina, pled guilty in federal court in Florence, to Failure to Register as a Sex Offender, a violation of Title 18, United States Code, Section 2250(a).  United States District Judge Bryan Harwell, of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

The evidence presented at the guilty plea hearing established that in 2013 Thomas was convicted in Pitt County, North Carolina, of Indecent Liberties with Child, to which the conviction required him to register as a sex offender in any state where he resided, was employed, or was a student.  Under the law, Thomas was required to inform authorities if he ever changed his address, and if he moved to another state, he was required to notify authorities of both the state he was leaving as well as the state to which he was moving.  In September 2017, the Pitt County Sheriff’s Office discovered that Thomas had left his previous address without informing them as required, and they issued a warrant for his arrest.  The matter was referred to the United States Marshals Service which soon discovered that Thomas had moved to an address in Florence, South Carolina.  On October 25, 2017, Thomas was located at the Florence address by a task force officer working with the U.S. Marshals Operation Intercept Fugitive Task Force.  When the officer attempted to arrest Thomas, he fled in a vehicle, then on foot, but was eventually apprehended after a tracking dog (K-9) was deployed.    

Ms. Drake stated the maximum penalty Thomas can receive is imprisonment for 10 years and a fine of $250,000.

The case was investigated by the United States Marshals Service with the assistance of the Florence County Sheriff’s Office and the Pitt County Sheriff’s Office.  Assistant United States Attorney A. Bradley Parham of the Florence office is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Office, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.

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Columbia, South Carolina ---- United States Attorney Beth Drake stated that Tyrez Lavor Johnson, age 31, of Hartsville, entered a guilty plea in federal court in Florence to possession with intent to distribute and distribution of cocaine base, a violation of Title 21, United States Code, Section 846, and felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g). United States District Judge R. Bryan Harwell, of Florence, accepted the plea and will impose sentence after a pre-sentence report is prepared by the U.S. Probation Office.

This case was part of an investigation conducted by state and federal agents into the sale of illegal drugs in the Hartsville, South Carolina area. In October 2017, investigators made a controlled purchase of a quantity of cocaine base from Johnson. Johnson was later found in possession of a .357 caliber revolver during his arrest on the drug distribution charge. Johnson was prohibited from possessing the firearm due to a prior conviction for a controlled substance offense.

Ms. Drake stated the defendant faces a maximum term of imprisonment of 20 years and a fine of $1,000,000.

The case was investigated by agents of the Hartsville Police Department, the Darlington County Sherriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Christopher D. Taylor of the Florence office handled the case.

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CHICAGO — A federal grand jury has indicted two teenagers on carjacking and weapons offenses for allegedly taking a sport-utility vehicle at gunpoint in Chicago’s Goose Island neighborhood.

JASON DORTCH, 19, and DAVONTAE JONES, 18, brandished firearms while forcibly taking a Jeep Grand Cherokee on Nov. 13, 2017, according to an indictment returned Thursday in U.S. District Court in Chicago.  Dortch is a convicted felon who was not legally allowed to possess the firearm, the indictment states.

The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Jeffrey S. Sallet, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation; Kimberly M. Foxx, Cook County State’s Attorney; and Eddie Johnson, Superintendent of the Chicago Police Department.

The case was investigated by the Chicago 11th District Violent Crimes Task Force, which consists of agents and officers from the FBI, Chicago Police, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Drug Enforcement Administration, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  Additionally, the Cook County Sheriff’s Office, Oak Park Police Department and Illinois State Police assisted in the apprehension of the defendants.

“Our office will use every available federal resource to vigorously pursue and prosecute violent carjackers,” said U.S. Attorney Lausch.  “We are committed to working with our state and local law enforcement partners to aggressively fight violent crime and protect Chicago’s neighborhoods from gun offenders.”

“The FBI views carjackings as a particularly violent and heinous crime,” said FBI SAC Sallet.  “We are proud to work side by side with the U.S. Attorney’s Office, the Cook County State’s Attorney’s Office, Chicago Police Department, Cook County Sheriff’s Office, Oak Park Police Department, Illinois State Police, and our federal law enforcement partners, to bring these individuals to justice.  Anyone who commits a crime like this should know, we are coming for you.”

The indictment charges Dortch and Jones with one count of carjacking and one count of using and brandishing a firearm during a crime of violence.  Dortch is also charged with one count of illegal possession of a firearm by a felon.  The using and brandishing charge carries a maximum sentence of life in prison, the carjacking charge is punishable by up to 15 years, and the felon-in-possession charge is punishable by up ten years.

Arraignments in federal court in Chicago have not yet been scheduled.

The public is reminded that an indictment is not evidence of guilt.  The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.  If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

The government is represented by Assistant U.S. Attorney Jeannice Appenteng and Special Assistant U.S. Attorney Marny Zimmer.

Fort Worth, Texas – Following a trial before U.S. District Judge Reed O’Connor, two men have been convicted for their role in an extortion and kidnapping scheme that occurred in Fort Worth in October 2017, announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas.

Nygul Anderson, 19, and Albert Gonzalez, 18, were each convicted of one count of a conspiracy to use an interstate facility to commit a travel act violation.  Currently, they each face a maximum penalty of five years in prison and a fine of $250,000.  Judge O’Connor reserved ruling on the two remaining counts, following the one-day bench trial.

According to the evidence presented at trial and the documents filed in this case, on September 22, 2017, a victim began receiving threatening calls from an unrecognizable Mexican telephone number.  The caller stated he had kidnapped the victim’s two brothers in Rioverde, San Luis Potosi, Mexico and demanded $300,000 or they would be killed.  The next day the ransom demand was lowered to $40,000 and then again to $20,000.  Instructions were given to deliver the money, once the money was delivered the caller disclosed the location of the brothers and they were found tied up in a motel room in Rioverde, San Luis Potosi, Mexico.

On September 29, 2017, the same victim received another call from the same Mexican telephone number demanding an additional $100,000 or else they would kidnap the brothers again and kill them.  The deadline for the second ransom drop was Friday, October 13, 2017. 

On October 13, 2017, the kidnappers in Mexico and the victim agreed to a location at a Home Depot in Fort Worth for the money drop.  At approximately 4:30 p.m., a controlled money drop was made at the agreed upon meeting location. 

Shortly thereafter, four individuals – Anderson, Gonzalez, Fernando Cabrera (who previously pled guilty), and a 17 year-old minor – were arrested as they attempted to collect the ransom money.

During trial, the government proved that these four individuals believed that they were collecting $20,000 in unlawful proceeds.  The four conspirators had met in McAllen, Texas, and then drove to Houston, then to Dallas, and then to Fort Worth in an attempt to collect the money.  These four conspirators communicated with other conspirators in Mexico during the trip about the location of the money pick, the amount of money to be retrieved, and precautions that should be taken to avoid detection.  

The FBI and the North Richland Hills Police Department investigated the case.  Assistant U.S. Attorneys P.J. Meitl and Chris Wolfe prosecuted.

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GREENEVILLE, Tenn. -  On March 2, 2018, following a three-day trial before the Honorable J. Ronnie Greer, U.S. District Judge, a jury convicted James Fitzgerald Simonton, a/k/a Boogie, 50, of Kingsport, Tennessee, of conspiracy to distribute 280 grams or more of crack cocaine, possession of firearms in furtherance of a drug trafficking offense, three counts of being felon in possession of firearms, and witness intimidation. 

Sentencing is set for1:30 p.m., on June 11, 2018, in U.S. District Court in Greeneville. Simonton faces a minimum of 15 years, up to a maximum life sentence in prison.  There is no parole in the federal system.

Evidence presented at trial revealed that an investigation began following the appearance of two young males at Indian Path Hospital in May 2016 with gunshot wounds.  One of the victims was Simonton’s son.  Detectives developed Simonton as a suspect in the shooting of these two individuals.  When officers went to his residence, they found a Glock pistol with extended magazine, which the ATF traced to Simonton’s neighbor.  Through the trace, detectives learned the firearm had been purchased at Academy Sports in Johnson City.  Academy provided paperwork for the transaction and surveillance video from its store, which reflected Simonton had been present along with a co-defendant during the purchase of the firearm.  Additional surveillance video showed that Simonton was present when his then girlfriend purchased another firearm. As the investigation progressed, two co-defendants, one of whom was another son of Simonton, were arrested in possession of crack cocaine.  This led to information about Simonton’s involvement in trafficking crack cocaine from a source in Georgia into Sullivan County, Tennessee.  Ultimately, the investigation successfully uncovered the firearm used in the shooting of the two young males, an AK63, 7.62 caliber rifle. 

After his arrest, and while in federal custody, Simonton threatened a cooperating witness against him in an effort to influence the testimony of the witness.  The jury found him guilty of intimidation of that witness.

Law enforcement agencies participating in this joint investigation were the Kingsport Police Department, Sullivan County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney J. Gregory Bowman represented the United States.             

This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws.  It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences.  PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces. 

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Anchorage, Alaska – U.S. Attorney Bryan Schroder announced today that, early this morning, FBI Special Agents in New York City arrested Tyler Bateman, 27, of Anchorage, for making threatening statements against an Anchorage business and an Anchorage Police Officer.

Bateman has been charged with two counts of threatening interstate communications.  According to the Criminal Complaint, it is alleged that, on Feb. 26, 2018, Bateman threatened via text messages to shoot and bomb an Anchorage business.  Later that same day, it is further alleged that Bateman threatened, via social media, to shoot and poison an Anchorage Police Officer and “several other people.” 

The FBI and APD conducted the investigation leading to the charges in this case.  This case is being prosecuted by Assistant U.S. Attorney Jonas M. Walker.

A Criminal Complaint is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.

MISSOULA—Rachel Leanna Ross, 26, of Somerville Tennessee, was sentenced to 14 months in prison, 3 years supervised release, and a $100 surcharge by United States District Court Judge Dana L. Christensen on Friday, March 2, 2018 for conspiracy to possess with intent to distribute and to distribute controlled substances—methamphetamine and Suboxone—into the Montana State Prison  The charges were part of a scheme where Erin Bernhardt, an employee in the prison laundry, smuggled the controlled substances into inmates at the prison in exchange for bribes.  The crimes occurred between April and August 2015.

The court previously sentenced other members of the scheme to the following sentences: Cordero Robert Metzker, to three years’ imprisonment; Erin Bernhardt, to 14 months’ imprisonment; Ian Scott Barclay to 92 months’ imprisonment; and Lauren Hoskins to 14 months’ imprisonment. 

The charge against Ross is the result of an investigation by the Federal Bureau of Investigation, the United States Postal Inspector, the Montana Department of Corrections-Division of Investigations, the Montana State Prison Warden and his staff, and the Montana Division of Criminal Investigations.  Criminal Chief Assistant United States Attorney Joseph Thaggard and Assistant United States Attorney Jeffrey Starnes prosecuted the case.

United States Attorney Kurt Alme stated, “I applaud the efforts of the Warden and his staff and the cooperative efforts of law enforcement involved in this investigation to keep drugs out of the Montana State Prison and root out corrupt employees.  The sentences issued by the court send a powerful message that those who prey upon the addictions of inmates will be investigated, prosecuted, and imprisoned.”

SAN FRANCISCO – Monterey Airbus, Inc. has entered into a settlement agreement with the United States Attorney’s Office to resolve allegations that the Monterey-based company violated Title III of the Americans with Disabilities Act (ADA) by discriminating against customers with disabilities, announced Acting United States Attorney Alex G. Tse. As part of the settlement, Monterey Airbus will take steps to ensure that it provides equivalent service to individuals with disabilities.

Monterey Airbus, a private transportation company with its principal place of business in Monterey, provides airport shuttle service between the Monterey Peninsula, San Francisco International Airport, and San Jose International Airport. Customers may request rides through the company’s on-line reservation system and a Monterey Airbus vehicle stops at pre-determined locations for customers with a reservation. After the U. S. Attorney’s Office conducted an investigation, Monterey Airbus acknowledged that prior to 2017, it did not provide services for passengers who required wheelchair transportation. Monterey Airbus also admitted that from 2005 to 2015 it purchased at least five new 13-passenger vehicles and five new 24-passenger vehicles for use in its services in the San Francisco Bay Area, none of which were readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. 

“Passengers with disabilities are entitled to equal access to the different airport shuttle services that facilitate travel to and from the Bay Area,” said Acting United States Attorney Tse. “With the agreement being announced today, Monterey Airbus has pledged its commitment to ensure individuals with disabilities receive the same service as other passengers.  We acknowledge Monterey Airbus’s cooperation throughout this investigation and are glad that we were able to reach this resolution without litigation.”

As a result of the U.S. Attorney’s Office’s investigation and this settlement, Monterey Airbus will make the following changes:

• Operate sufficient readily accessible vehicles to ensure individuals with disabilities receive equivalent service. 
• Permit passengers with disabilities, including individuals who use wheelchairs, to book a Monterey Airbus trip either on-line or by phone.  
• Conduct ADA training for employees to include instruction on the ADA requirements for private entities operating a transportation system and Monterey Airbus’s policies and practices regarding accommodation of individuals with disabilities.

Assistant U.S. Attorney Rebecca A. Falk is handling the matter on behalf of the U.S. Attorney’s Office for the Northern District of California.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Distribution of a Controlled Substance to Persons Under Age Twenty-One, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.

Shaun Chayne Condon, age 32, was indicted on February 14, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 years in custody and/or a $750,000 fine, up to 9 years of supervised release, and up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on May 25, 2017, Condon knowingly and intentionally possessed with intent to distribute and distributed marijuana, a Schedule I controlled substance, to minors.  The Indictment also alleges that Condon, having been an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a Smith & Wesson 9mm hand gun.

The charges are merely accusations and Condon is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Condon was released on bond pending trial, which has been set to April 17, 2018.

United States Attorney Ron Parsons announced that an Agency Village, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.

Sylanus Flute, age 23, was indicted on February 6, 2018.  He appeared before U.S. Magistrate Judge William D. Gerdes on February 13, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life imprisonment and/or a $250,000 fine, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

According to the Indictment, between February and April of 2017, Flute engaged in sexual acts with a juvenile female.  To perpetrate the sexual assault, Flute used force.

The charges are merely accusations and Flute is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Sioux Tribe’s Law Enforcement.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.   

Flute was ordered detained pending trial.  A trial date has been set for April 17, 2018.

United States Attorney Ron Parsons announced the indictments and sentencing in cases, all of which are separately noted below, that were brought pursuant to the U.S. Attorney’s Office’s Guardians Project. The Guardians Project is a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. 

The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.

For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400.  To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

Six Individuals Facing Federal Charge for Retaliating Against  Witness of a Previous Fraud Case

Tally Colombe, age 43, Fort Worth, Texas; Elnita Rank, age 81, Fort Thompson, South Dakota; Kristal Hawk, age 57, Fort Thompson; Ronda Hawk, age 60, Fort Thompson; Tiffany Monteau age 43, Chamberlain; and Stefan Monteau, age 26, Fort Thompson, were indicted on February 6, 2018, for Conspiracy to Retaliate Against a Witness.  All of these defendants, except Tally Colombe, appeared before U.S. Magistrate Judge Mark A. Moreno in February 2018, and all pled not guilty to the Indictment. 

Tally Colombe is currently serving a federal sentence of imprisonment in Texas, and she will make her appearance at a later date.  Colombe was convicted for federal offenses giving rise to and preceding this new Indictment alleging retaliation.  The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that from on or about September 8, 2017, and continuing through on or about September 12, 2017, at Fort Thompson and elsewhere, Tally Colombe, Elnita Rank, Kristal Hawk, Ronda Hawk, Tiffany Monteau, and Stefen Monteau conspired and agreed among themselves and each other to commit a certain offense, as follows: to knowingly take action harmful against a certain individual, which interfered with the lawful employment and livelihood of this individual, such conduct being taken with the intent to retaliate against this individual for providing to a law enforcement officer truthful information relating to the commission and possible commission of a federal offense, namely program fraud and wire fraud.  The alleged retaliatory conduct took place on the Crow Creek Sioux Tribe’s reservation.

The charge is merely an accusation and the defendants are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Ann Hoffman is prosecuting the case.

Former Crow Creek Tribal Court Administrator Charged with Embezzlement

LeeAnn Piskule, age 53, was indicted on February 14, 2018, for Embezzlement and Theft from an Indian Tribal Organization.  The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleged that from May through August 2017, Piskule embezzled and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Crow Creek Tribal Court, Crow Creek Sioux Tribe, an Indian Tribal Organization.  During the time of the embezzlement, Piskule was serving as the Crow Creek Tribal Court Administrator.

The charge is merely an accusation and Piskule is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.

Mission Man and Woman Charged with Wire Fraud

Mark Edward O’Leary, age 35, and Sharli Colombe, age 35, were indicted on February 14, 2018, for Conspiracy to Commit Wire Fraud and Wire Fraud.  They appeared before U.S. Magistrate Judge Mark A. Moreno on February 15, 2018, and both pled not guilty to the Indictment.  The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between February 4, 2011, through June 6, 2017, O’Leary and Colombe passed at least 544 checks drawn on a bank account not belonging to either of them.  The checks were used for personal items for O’Leary and Colombe and the purchases or deposits were not authorized by the owner of the bank account.  Much of the alleged conspiracy and fraud took place on the Rosebud Sioux Tribe’s reservation.

The charges are merely accusations and O’Leary and Colombe are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.  

Former Director of Rosebud Tribal Ranch Sentenced for Embezzlement

Stormy Halligan, age 43, Winner, was sentenced on February 13, 2018, by U.S. Magistrate Judge Mark A. Moreno.  Halligan was sentenced to 18 months of federal probation.  He was ordered to pay approximately $10,000 in restitution.

According to court documents filed in Halligan’s case, between April 1, 2015, and March 31, 2016, he willfully and knowingly embezzled, misapplied, and converted to his own use monies, funds, credits, goods, assets, and other property belonging to the Rosebud Sioux Tribe Tribal Ranch, an Indian Tribal Organization.

The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office.  Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.

United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Theft from Indian Tribal Organization.

Calynn Gunville, age 27, was indicted on February 14, 2018.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between February 20, 2017, and August 18, 2017, Gunville willfully and knowingly stole, embezzled, and converted to her own use, money and funds belonging to the Lakota Thrifty Mart, an Indian tribal organization.  

The charge is merely an accusation and Gunville is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Gunville was released on bond pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.

Gregory Laroche, Sr., age 52, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, mandatory minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on November 14, 2017, Laroche knowingly engaged in, and attempted to engage in, a sexual act with a female victim, who at the time was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating her unwillingness to engage in the sexual act, and Laroche knew she was incapacitated.

The charge is merely an accusation and Laroche is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Laroche was released on bond pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Winner, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Michael Lovejoy, Jr., age 35, was indicted on February 14, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between May 28, 2017, and September 17, 2017, Lovejoy, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, knowingly failed to register and update his registration.

The charge is merely an accusation and Lovejoy is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Lovejoy was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Bullhead, South Dakota man, Alexander Oka, 27, was convicted by a federal jury for Domestic Assault by an Habitual Offender and for Tampering with a Victim. The jury returned the verdict on February 23, 2018.

According to court documents and evidence produced at trial, on July 5, 2017, Oka unlawfully committed a domestic assault upon the victim, when at the time of the domestic assault, Oka had a final conviction on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. 

During this assault, Oka smacked the victim’s head, and then kicked the victim in the back while she was not looking, and while she was feeding the baby she shares with Oka.  The kick caused the victim significant pain.  After being arrested for the assault, Oka sent a letter from jail to the victim instructing her not to cooperate and not to show-up for court proceedings.  Oka had been previously convicted in multiple cases of domestic abuse.  These prior convictions took place in tribal and federal court.

The maximum penalty for Domestic Assault by an Habitual Offender is up to five years of imprisonment, and the maximum penalty for Tampering with a Victim is up to twenty years of imprisonment. Each conviction also carries a maximum $250,000 fine and/or imprisonment, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The investigation was conducted by the Bureau of Indian Affairs-Office of Justice Services.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.   

Oka was ordered detained pending sentencing.  A sentencing date has been tentatively set for May 14, 2018, in Pierre.

United States Attorney Ron Parsons announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.

Milo Reuben Red Tomahawk, age 38, was indicted on February 6, 2018.  He appeared before U.S. Magistrate Judge William D. Gerdes on February 27, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to five years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

According to the Indictment, Red Tomahawk unlawfully committed a domestic assault upon the victim, when at the time of the domestic assault, he had a final conviction on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner.  This assault took place in May of 2017.

The charges are merely accusations and Red Tomahawk is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs-Office of Justice Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.   

Red Tomahawk was ordered detained pending trial.  A trial date has not been set.

United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.

Darrell Touche, age 43, was indicted on February 14, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2018, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between October 20, 2016, and October 21, 2016, Touche knowingly caused and attempted to cause a female victim to engage in a sexual act by the use of force. 

The charge is merely an accusation and Touche is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Touche was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

          GRAND RAPIDS, MICHIGAN— Dennis Scott Kent, 54, of Kalamazoo, Michigan, was sentenced to 180 months (15 years) in federal prison for possessing child pornography, U.S. Attorney Andrew Birge announced. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a ten-year term of supervised release that will commence once Kent is released from imprisonment. Kent will also be required to register as a sexual offender.

          Kent pled guilty on October 23, 2017, to possessing child pornography. He came to the attention of law enforcement in February 2017, after his landlord discovered child pornography while evicting Kent from an apartment. Police subsequently discovered a significant collection of child pornography while searching Kent’s computer. The material depicted young children engaged in sex acts, as well as prepubescent children being bound and gagged. Further investigation revealed that Kent had a prior conviction for Criminal Sexual Conduct – Third Degree. The conduct underlying that conviction spanned years and involved a vulnerable minor victim. The defendant was released from prison in 2003, but he violated his parole in 2004 by committing another predatory offense.

          At sentencing, the U.S. Attorney’s Office stressed the need to protect the public from Kent. In its sentencing memorandum, the U.S. Attorney’s Office wrote: "The possession of child pornography is a very serious offense in any case, and it is all-the-more serious in this case given the defendant’s history. The possession, receipt, transportation, and distribution of child pornography perpetuates the harm to the victims depicted in images, validates and normalizes the sexual exploitation of children, and fuels a market, thereby leading to further production of images."

          This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.

          The Federal Bureau of Investigation (FBI), Kalamazoo County Sheriff’s Office, and Michigan State Police Computer Crimes Unit investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.

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